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Summary: The United Kingdom has submitted a mid-term UPR report, which documented their implementation progress on recommendations they accepted during their review. CRIN has highlighted the government's response to children's rights recommendations accepted.
What is a mid-term report? States are encouraged to voluntarily submit update reports on the steps they are taking to implement the recommendations made to them during their reviews. In addition to posting the full mid-term report (see above), CRIN has extracted the children's rights recommendations accepted by the United Kingdom, together with the government's response on how they are implementing the recommendations. Implementation progress on accepted recommendations The UK commented on the following accepted recommendations: 2. Consider removal of its reservations to the Convention on the Rights of the Child and the Optional Protocol on the involvement of children in armed conflict (Russian Federation). The United Kingdom accepted the recommendation. The UK government announced, in September 2008, that it was removing its final two reservations to the UN Convention on the Rights of the Child (Articles 22 and 37c). These final two reservations were formally removed in November 2008. As previously stated in our response to the Recommendations, there are no reservations against the Optional Protocol on the Involvement of Children in Armed Conflict. The UK Government's declaration made upon signature of the Optional Protocol is an interpretive statement rather than a reservation. In it the UK made clear that the British Armed Forces would continue to recruit from age 16 but included a clear commitment to take all feasible measures to ensure those who had not yet reached the age of 18 did not take a direct part in hostilities. The UK does not consider this inconsistent with its obligations under the Optional Protocol, to which it remains firmly committed. The UK continues to safeguard the welfare and interests of its young Service personnel in line with the key tenets of the Convention. We are not complacent. We remain vigilant on this important issue. All members of the armed forces receive training on the Law of Armed Conflict shortly after joining and regularly throughout their careers. The UK armed forces do not routinely train all personnel on the Optional Protocol specifically, but personnel involved in handling prisoners of war, internees and detainees receive training which addresses the handling of juveniles and children. The Government is currently examining what more can be done to promote the Optional Protocol. 7. Consider going beyond current legislation to protect children from violence and ban corporal punishment also in the private sector and in its Overseas Territories. (France and Italy) The United Kingdom accepted the recommendation to consider going beyond current legislation if the need arises to protect children from violence, but did not accept the implication that it is failing in this regard through the application of its policy on corporal punishment. The United Kingdom does not accept any implication that it is failing to protect children from violence through the application of its policy on corporal punishment. Keeping children safe is a top priority for the UK. The UK is absolutely clear that no child should be subjected to violence or abuse. It has tightened the law in a number of areas to give greater protection to children. For many years corporal punishment has been banned in both state and full- time independent schools; and also in nursery, childminding and foster care settings. The Government acknowledges that there are concerns over use of physical punishment in some other education and learning settings which fall outside of the current legal framework which bans the use of physical punishment. The Government's Chief Adviser on the Safety of Children, Sir Roger Singleton has been asked to carry out a review of this issue and advise on it by the end of March 2010. In 2004 the Government amended the law in England and Wales so that parents who cause physical injury to their children can no longer use the "reasonable punishment" defence where they are charged with assaults occasioning cruelty, actual or grievous bodily harm. Similar legislative changes have been introduced in Scotland and Northern Ireland. The UK Government does not condone physical punishment. It does not, however, want to criminalise decent parents who decide to administer a mild smack. Its approach is to provide parents with positive support and guidance to help them manage their children's behaviour more effectively without physical punishment. For example, the booklet Being a Parent in the Real World, published last August, explains the law on smacking and discourages the practice. This approach works with parents and not against them - and has proved effective. In Scotland, it has been illegal since October 2003 physically to punish a child by hitting on the head, by shaking or by use of an implement. The Scottish Government is committed to supporting schools to create and maintain a peaceful and positive learning environment. It is working with local authorities and schools to introduce the most effective approaches to promoting positive behaviour and dealing with indiscipline. In Northern Ireland, Article 2 of the Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2006 - which makes corresponding provision to section 58 of the Children Act 2004 - restricts the defence of reasonable punishment. Article 2 is underpinned by ongoing work on positive parenting, which encourages parents to consider alternative methods of discipline. Positive parenting is a key theme of Northern Ireland's Families Matter Strategy. The Strategy emphasises the importance of supporting children and their families, by signposting services and equipping parents with the skills they need to love and nurture their children. However, it also recognises the importance of early intervention and integrated planning as a means of protecting and safeguarding children and young people. 8. Provide further information with regard to efforts to reduce poverty among children by half by 2010. (France) The United Kingdom accepted the recommendation, has implemented it, and will keep the matter under review. 500,000 children have been lifted out of poverty since 1998/99. The latest figures from 2007/8 show 2.9 million children in relative low-income poverty. Since then, a great deal has been done to tackle child poverty. The significant investment made in, and since, the 2007 Budget will lift around a further 550,000 children out of poverty, although the impact of these measures won't be seen until forthcoming years. The Child Poverty Bill, currently progressing through Parliament, will enshrine in law the commitment to eradicate child poverty by 2020. The Bill will set a number of targets that the Government must meet, and require the Government to produce a strategy detailing how it intends to meet these targets (as well as ensuring that, as far as possible, children do not experience socio-economic disadvantage). The Bill also places a duty on Local Authorities to cooperate with partner authorities in tackling child poverty and for the first time Governments in the UK will be held to account on the success of their strategies to end child poverty. In Scotland, child poverty is at the heart of the Scottish Government's vision. The Scottish Government continues to do all it can to meet the ambition of eradicating child poverty. With partners in local government it has developed three inter-linked policy frameworks – "The Early Years Framework", "Equally Well" and "Achieving Our Potential", which set out its efforts to tackle child poverty. It is fully signed up to the UK target to eradicate Child Poverty by 2020 and to the UK Child Poverty Bill. In Wales, the Welsh Assembly Government places tackling child poverty at the top of its social justice agenda. Whilst most of the levers for tackling income poverty lie with the UK Government, particularly in terms of tax credits, benefits and minimum wage, the Assembly Government remains committed to doing all within its powers to help achieve the UK target of eradicating child poverty by 2020. In November 2009 the National Assembly for Wales passed the Children and Families (Wales) Measure, which subsequently received Royal Assent on the 10 February 2010. The Measure makes statutory provision to take forward the Welsh Assembly Government's commitment in terms of child poverty and to take forward its strategy for vulnerable children by bringing forward legislation to provide greater support to families where children may be at risk, and strengthened regulatory enforcement in child care settings. The Measure will require Welsh Authorities, including Welsh Ministers, to prepare and publish a strategy for contributing to the eradication of child poverty in Wales and the Assembly Government's new child poverty strategy will be published in 2010. The attainment of social justice and the eradication of poverty are also priorities for the Northern Ireland Government. "Lifetime Opportunities", which is the overarching anti-poverty and social inclusion framework for Northern Ireland, addresses specific issues, such as poverty in rural areas andthe cycle of poverty, including underachievement. Moreover, the reduction of child poverty is a key goal in the Northern Ireland Programme for Government. The Northern Ireland Assembly passed a legislative consent motion on 16 November 2009 which will bring Northern Ireland within the terms of the UK Parliament's Child Poverty Bill. A Child Poverty Strategy will now be produced, in line with the requirements of the (UK) Bill including reporting to the Assembly annually on progress against Child Poverty targets contained within the Bill. 14. Address the high incarceration rate of children, and ensure that the privacy of children is protected and to put an end to the so-called "painful techniques" applied to children. (Algeria) The United Kingdom accepted the recommendation with regard to the high incarceration rate of children, and undertakes to work towards its implementation. The United Kingdom did not accept the recommendation with regard to so-called "painful techniques" applied to children. While the UK did not accept the recommendation with regard to so-called "painful techniques" applied to children, it is worth noting that the independent Joint Review of Restraint in Juvenile Secure Settings was published in December 2008. The Government accepted almost all of that review's recommendations and is now pressing ahead with their implementation. The rights of the child include rights of children in custody to be protected from assault by other trainees: giving effect to that right may sometimes require use of pain-compliant techniques. Restraint is not used solely to prevent a young person from harming others: it is often necessary to restrain a young person to prevent self-harm. The use of a pain-compliant technique causes temporary discomfort to prevent a potentially much greater harm to the young person and/or to others. The law allows any reasonable use of force for that purpose. The independent Review of Restraint seeks to identify the safest ways of dealing with dangerous situations. The Government has set clear guidance that says any use of force must be proportionate and a last resort where all other methods of de-escalation have failed. There is little point in saying pain-compliant techniques are unacceptable if no effective alternative method of safeguarding is suggested. The authors of the independent review were persuaded by the evidence that the level of injuries would almost certainly increase dramatically if staff were not allowed to use pain-compliant techniques. Meanwhile, progress has been made in relation to incarceration rates of children. The Government has now implemented the new community sentence for under-18s, the Youth Rehabilitation Order (YRO), for offences committed from 30 November 2009, which gives courts much greater flexibility in tailoring interventions to address the needs of the young person. In addition, any sentencer passing a custodial sentence will be required to give reasons in open court for rejecting the option of a YRO with intensive requirements. The Government believes that this will serve to increase the confidence of the courts in alternative forms of intervention. In Northern Ireland the pain compliant techniques are not used. The number of children sentenced to custody has been in steady decline, similar provisions already exist to provide courts with wider sentencing options. In particular, the Youth Conference Order, which is rooted in restorative principles, provides a menu of interventions to meet the needs of offender and victim alike. 19. Withdraw its reservation against the Convention on the Rights of the Child, concerning the provision that detained children be separated from adults while in detention, as well as the withdrawal of their reservation concerning refugee and asylum seeking children. (Indonesia) The United Kingdom did not accept the recommendation at the initial review. But we have since implemented it. The UK government announced, in September 2008, that it was removing its final two reservations to the UN Convention on the Rights of the Child (Articles 22 and 37c). These final two reservations were formally removed in November 2008. Further Information CRIN extracted all mentions of children's rights from the UK's UPR, including references in the pre-review reports submitted by the government, UN bodies, and also NGOs / NRHis. This report also details all the children's rights recommendations accepted and rejected by the government. The page includes children's rights extract reports for all States reviewed to date, CRIN's "Status of Children's Rights in the UPR" report, and much more information on the UPR process and how can NGOs can engage with it. Including practical tips on reporting and lobbying, as well as follow-up methods. The guide is based on the findings of a comprehensive survey of experiences shared by NGOs, NHRIs, Ombudspersons, academic bodies, and so on.